SC slams Allahabad HC, orders release of undertrial after 9 years in jail
Synopsis
decision that had misconstrued a Supreme Court precedent on bail during trial.
Background of the Case
Vaibhav Singh was arrested on 7 March 2017 following a case registered at Cantt Police Station in Gorakhpur district under Sections 147, 148, 149, 120-B, and 302 of the Indian Penal Code — charges that include rioting, unlawful assembly, criminal conspiracy, and murder. The trial has remained pending before the court of Special Judge, E.C. Act, with no conclusion in sight after nearly a decade.
What the Supreme Court Said
The apex court took strong exception to paragraph 8 of the Allahabad High Court's order, which had relied on a Supreme Court ruling to hold that bail should ordinarily not be granted once trial has commenced. The Justice Pardiwala-led Bench held that this precedent had been fundamentally misconstrued.
Key Takeaways
All that the High Court ought to have considered is the fact that the petitioner is languishing in jail as an under-trial prisoner for over nine years.
What more was required for the High Court to consider the plea of the petitioner for bail, keeping his right of speedy trial in mind as enshrined under Article 21 of the Constitution,
The Supreme Court of India on Wednesday, 29 April 2025, set aside an Allahabad High Court order denying bail to undertrial prisoner Vaibhav Singh, who has spent nearly nine years in judicial custody in connection with a 2017 murder case in Gorakhpur, Uttar Pradesh. A Bench of Justices J.B. Pardiwala and Ujjal Bhuyan described the High Court's impugned order as a
Point of View
Which guarantees the right to life and personal liberty, including the right to a speedy trial. The court held that prolonged incarceration without conclusion of trial amounts to an infringement of this fundamental right — a principle it noted has been affirmed across multiple Supreme Court judgments.
Notably, the court found the violation so glaring that it did not wait for the Uttar Pradesh state government to appear before granting relief.
NationPress
1 May 2026
Frequently Asked Questions
We believe we should not wait even for the State to appear. This is a gross case wherein the fundamental right of the petitioner to have a speedy trial as enshrined under Article 21 of the Constitution could be said to have been infringed,
the Bench said. Immediate Release Ordered The Supreme Court directed that Vaibhav Singh be released on bail forthwith, subject to terms and conditions to be imposed by the trial court, provided he is not required in any other case. The order was passed early in the morning session, underscoring the urgency with which the Bench treated the matter. Wider Significance This ruling adds to a growing line of Supreme Court interventions against prolonged undertrial detention in India, where overcrowded prisons and slow-moving trials frequently leave accused persons incarcerated for periods that exceed even the maximum sentence for the alleged offence. According to the National Crime Records Bureau (NCRB) , undertrials constitute over two-thirds of India's prison population. The case is likely to be cited in future bail applications where trial delay has been significant. How the trial court frames the bail conditions for Singh will be closely watched.
